Victim of Age Discrimination? Here’s How to Prove Your Case

Age discrimination is one of the most common forms of discrimination in the workplace. How do you know if you’re a victim and what should you do if you’re affected?

What is Age Discrimination?

Under federal law, age discrimination is the negative treatment of an employee over 40 years old due solely to his or her age. Under New York State and New York City Law, age discrimination is the negative treatment of an employee of any age solely due to his or her age. Any time an employer chooses not to hire, terminates, or denies an employee advancement because of age alone, it is a violation of federal law and potentially in violation of laws in New York State and New York City.

You can learn about New York City’s Human Rights Law and what it does to address age discrimination here.

Unfortunately, proving your case is challenging. Most employers state reasons aside from age for making the decisions they make. In many cases, these decisions are based on valid reasons. For example, someone over 40 might have more experience than a younger candidate or co-worker, but the younger person might have more education or training.

If you believe you’ve been a victim of age discrimination, it’s important to consider alternative reasons things might not have gone your way. After objectively looking at the big picture and seeing no other cause for what occurred, speaking to an employment attorney is the best option.

Were You Denied a Job Due to Your Age?

One of the most difficult types of age discrimination to prove is age discrimination related to the hiring process. Applicants have very little to show for why they should be hired aside from their experience. They are not employees and have not yet proven their ability to the potential employer.

When candidates for a job are equally qualified, sometimes the decisions come down to a subjective judgment. One candidate might seem better suited for the culture in a particular workplace than another.

However, if there appears to be no other reason than age for why you were not chosen for a position, you might have an age discrimination case. Proving an age discrimination case as a candidate is challenging. However, it’s well worth the effort if you’ve been a victim.

To prove there was a violation of the Age Discrimination in Employment Act (ADEA) or any of the state and city laws that protect you, you’ll need to show you were not hired due to your age. Sometimes age discrimination is subtle during the hiring process, so think carefully about your experience. Applicants have fewer options than employees and former employees. However, they still have the option of speaking to an attorney about their situation.

How an Employee or Terminated Employee Can Use a Disparate Act Claim to Overcome Age Discrimination

It’s difficult to prove your case, but that doesn’t mean your situation is hopeless. Filing a disparate act claim could provide you with a resolution to your situation. A disparate act claim is appropriate when an employer’s policy harms workers of a certain age. These claims cite a specific practice within the company. In addition to improving your situation, successful claims change practices and policies. This improves the overall workplace and reduces the risk that other applicants and employees will face discrimination.

Disparate acts refer to policies that cause unintentional adverse consequences against a protected class of people. Even if the policy seems fine or neutral, its impact is detrimental. The goal of filing this kind of claim is to change the policy. A disparate act claim is different than a claim against disparate treatment, which is an intentional negative action.

Disparate act claims regarding age discrimination are easier to prove because you don’t need to show that your employer or former employer intended to harm you or treat you poorly. You only need to show that you and possibly other employees of a certain age demographic suffered, even if the employer didn’t intend for that to occur.

If you have questions about age discrimination or you believe you might have been a victim, we can help. To schedule a consultation to discuss your situation, contact Borrelli & Associates, P.L.L.C.